International Journal of Law and Society
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Articles
55 Documents
<![CDATA[Implementation Of Corruption Offences As Special Crimes In The Draft Penal Code ]]>
<![CDATA[Alwandani Alwandani]]>;
<![CDATA[Yasmirah Mandasari Saragih]]>;
<![CDATA[Rahul Ardian Fikri]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.16
<![CDATA[Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption.]]>
<![CDATA[Juridical Review Of Sharing Joint Assets As Banking Credit Collateral: Analysis of Decision Number 1436/Pdt.G/2017/PA.Ckr ]]>
<![CDATA[Nuri Hidayati]]>;
<![CDATA[Widi Harsono]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.17
<![CDATA[Joint assets are property acquired by a married couple, husband and wife can act on their joint assets with the consent of both parties. Marital Property Law has an important position in family life even when the marriage is still ongoing. In an activity regarding money loans at a bank, there is usually a handover of debt guarantees provided by the debtor to the creditor. In this case the debtors use joint assets as collateral for their credit agreement. The purpose of writing this thesis is to determine the legitimacy of using joint assets as collateral and the status of these joint assets by analyzing various sources of applicable law in Indonesia. In this analysis, it was found that joint assets used as collateral for credit cannot be processed in terms of assets back and forth until the obligation debt of debtors is completed.]]>
<![CDATA[Analysis Of The Compilation Review Of Islamic Law On Interfaith Marriages From A Sharia Perspective ]]>
<![CDATA[Muhammadong Muhammadong]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.18
<![CDATA[The purpose of this research is to find out a review of the compilation of Islamic law regarding interfaith marriages from a sharia perspective. The method used in this research is qualitative, with a comparative approach by conducting literature studies related to studies of theories relevant to the problem of interfaith marriages. In the view of Islamic law, marriage between different religions is strictly prohibited because it is contrary to the rules of Islamic law in maintaining the existence of religion. The goal of marriage is to create a sakinanh, mawaddah wa Rahmah household, but this goal is very difficult to realize if the marriage is built on the basis of different religions. Based on Marriage Law Number 1 of 1974 which is implemented in the compilation of Islamic law, it states that it does not accommodate interfaith marriages to strengthen the arguments put forward in the Koran.]]>
<![CDATA[Imposition Of Criminal Sanctions In The Case Of The Crime Of Child Abuse By A Mother Suffering From Baby Blues Syndrome: Study Decision Number 296/Pid.B/2018/Pn.Kwg ]]>
<![CDATA[Amalia Kemala Dewi]]>;
<![CDATA[Subekti Subekti]]>;
<![CDATA[Riska Andi Fitriono]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.19
<![CDATA[The writing of this article aims to analyze postpartum mental health disorders can be categorized as psychiatric disorders for reasons of criminal expungement and analyze the imposition of criminal sanctions in the criminal act of child abuse by mothers who suffer from baby blues syndrome in the Karawang District Court Decision Number 296/Pid.B/2018/PN.Kwg. The type of research used is normative with a statutory approach and a case approach. Based on the results of research conducted by the author, it is obtained that postpartum mental health disorders can basically be used as an excuse for criminal erasure in accordance with the severity experienced. The imposition of imprisonment by the judge in the case of child abuse by a mother with mental health disorder in the verdict was not appropriate because the judge did not pay attention and consider the condition of the perpetrator of the crime who suffered from mental health disorders of a fairly severe type and level.]]>
<![CDATA[Intelligence Interconnection in The Democratic Transition in Indonesia ]]>
<![CDATA[Reza Ilham Maulana]]>;
<![CDATA[Sapto Hermawan]]>;
<![CDATA[Asianto Nugroho]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.20
<![CDATA[Democracy has faced various challenges over thousands of years, particularly concerning transitions that depend on social and political factors. The role of intelligence in democratic transitions is crucial but can be used to maintain power undemocratically. In Indonesia, post-reform, democracy has not been fully consolidated. The repressiveness of law enforcement and legal bias towards political elites are major factors in the decline of democracy. This research employs a normative legal research method with a prescriptive nature, aiming to analyze the intelligence's involvement in the democratic transition process in Indonesia. The research approach encompasses analytical, historical, comparative, and philosophical dimensions. Primary legal materials such as legislation regulations are utilized as data sources, alongside secondary legal materials like books and journals. Data collection techniques utilize the PRISMA method, and data analysis is conducted deductively using the same method. The findings of this research indicate that the cycle of democratic transition influences both the democratic system and intelligence activities. Subsequently, a case study in Indonesia examines complex intelligence issues, attributable to regime changes and inconsistent political policies. Hence, a comparative study with Brazil, which is institutionally more complex and structured, is deemed necessary.]]>
<![CDATA[Legal Study Of Asset Confidentiality Without Punishment As An Alternative For Providing Justice For The State And Persons Of Corruption ]]>
<![CDATA[Melky AS Mendrofa]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.21
<![CDATA[Confiscation of assets regulated in criminal acts of corruption is based on Article 18 paragraph (1) of Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The form of asset confiscation without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption consists of an asset confiscation system using the Non Conviction Based Asset Forfeiture model and implementing the mandate of UNCAC as the State. The establishment of legal rules regarding confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption in realizing a welfare state, at least taken in several progressive legal steps, namely improving statutory regulations, strengthening coordination between law enforcement agencies, and accelerating finalize the Asset Recovery Act.]]>
<![CDATA[Law Enforcement Efforts Against Criminal Offences Of Fraud Based On Online / Electronic Transactions ]]>
<![CDATA[Satria Muhammad]]>;
<![CDATA[Syiful Asmi Hasibuan]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.22
<![CDATA[Fraudulent acts are currently flourishing following the era and technology advancement. Laws and regulations are made to anticipate this, but the existing laws and regulations seem like unable to combat the crime amid their increase in occurrences. This research aims to: firstly, to identify law enforcement against the e-commerce-based frauds; and secondly, to identify the obstacles in criminal law enforcement against e-commerce- based frauds. This research was conducted by using normative juridical method through literature research by examining secondary data including legislation, research results, scientific journals and references. The research results describe that the e-commerce- based fraudulent acts in principle are similar to the conventional frauds but differ in the evidences or means of action as the latter uses electronic systems (computers, internet, telecommunications equipment). Therefore, the legal enforcement against this kind of frauds is still under the applicability of the Indonesian Criminal Code and the Law No. 19 of 2016 regarding Amendments to the Law No. 11 of 2008 regarding Information and Electronic Transactions. Further, the law enforcement against the fraudulent acts in electronic-based transactions has been prevented at least by the following five factors, the laws and regulations, law enforcers, infra-structure or facilities that support the law enforcement, community and cultural factors.]]>
<![CDATA[Legal Review Of The Rights Of Child Prisoners At The Lubuk Pakam Correctional Institution ]]>
<![CDATA[Bisbon Sibutar-Butar]]>;
<![CDATA[Yasmirah Mandasari Saragih]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.23
<![CDATA[Children in conflict with the law (ABH) who enter the detention center still have the right to be protected by law. So that legal protection for ABH is very important to run. that the existence of a child protection must be sought if we want to seek national development that can be satisfactory. Therefore, to strengthen the legal protection of children even if they are already in detention, there are several regulations that apply in the ius constitutum in Indonesia. The regulation according to the doctrine is called Child Law, which is a set of legal regulations governing children. This research is descriptive analysis. Data collection is carried out using documentation studies where all secondary data used in this study are collected using library research. Data processing is carried out to facilitate the analysis of data that has been obtained in accordance with the problems studied. Data analysis used in this research is qualitative analysis. Qualitative analysis is a specification of the nature of research to examine between theory and practice on the protection and rights of child prisoners at Lubuk Pakam Correctional Institution. Special coaching institutions are regulated in Law Number 3 of 1997 concerning juvenile courts article 61 paragraph (2), Law Number 11 of 2012 concerning the Juvenile Criminal Justice System article 82 paragraph (1), and Law Number 23 of 2002 Article 9 paragraph (1) concerning child protection where in the education system provided to juvenile prisoners in accordance with their interests and talents, juvenile prisoners are entitled to obtain their rights such as education just like children who are not in conflict with the law or loss of independence in accordance with their interests and talents, and if there are juvenile prisoners who have abilities from others will get special education.]]>
<![CDATA[The Role Of Correctional Officers In Combating The Entry Of Prohibited Goods In Class II Langkat Prison ]]>
<![CDATA[Mitranda Seragih]]>;
<![CDATA[Yasmirah Mandasari Saragih]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.26
<![CDATA[The circulation and misuse of prohibited narcotics in society must be prevented and addressed. These prevention efforts must be strictly implemented in accordance with Law Number 35 of 2009 concerning Narcotics so that the problem of prohibited narcotics does not continue to grow in society as an epidemic that is bad for the development of the country. A number of cases of distribution of prohibited narcotics in prisons continue to be uncovered. Both in correctional institutions in big cities and in other small cities. The method is the same, carried out via cellphone and internet communication. In fact, it is absolutely impossible for a prison inmate to be able to freely use a cellphone and internet connection in a correctional institution. Because communication tools are prohibited items for a prison inmate. Correctional officers also admitted that they often carry out inspections of detention rooms, searching the prison inmates' possessions. The nature of the research used by the author in this law journal is analytical descriptive because this research describes in detail the social phenomena that are the subject of the problem. A descriptive study is intended to provide as precise data as possible about people, conditions or other symptoms. The type of research used in this writing is empirical juridical research, namely research into problems by looking at and paying attention to applicable legal norms connected to existing facts from the problems encountered in the research. Library Research (Library Research). The factors causing the increasing level of narcotics abuse consist of internal and external factors. The internal factors are religious factors and family factors, while external factors consist of economic and educational factors as well as social factors / environmental influences. The Langkat Class II Youth Correctional Institution has carried out both preventive and repressive measures against perpetrators of crimes involving prohibited narcotics, including providing counseling, coaching and arresting both the public and perpetrators of narcotics crimes. The application of legal sanctions against perpetrators continues to refer to the provisions regulated in Law Number 35 of 2009. In general, perpetrators of crimes involving prohibited narcotics in class II youth correctional institutions are users/using prohibited narcotics for their own consumption (addicts) so that sanctions are alleged to be violations of the provisions for users/consumers of prohibited narcotics.]]>
<![CDATA[Application Of The Principle Of Freedom Of Contract In Business Contracts In Indonesia ]]>
<![CDATA[Irmanto Brampu]]>;
<![CDATA[Henry Aspan]]>;
<![CDATA[H. Dahlan]]>
<![CDATA[ International Journal of Law and Society Vol. 1 No. 2 (2024): April : International Journal of Law and Society ]]>
Publisher : <![CDATA[Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62951/ijls.v1i2.27
<![CDATA[The Indonesian business community is currently developing very rapidly, and the number of business transactions in Indonesia has also increased. This situation shows that the Indonesian economy is very favorable for people who want to do business in Indonesia, not only Indonesian entrepreneurs but also foreign entrepreneurs. A legal principle applies to the agreement, namely the principle of freedom of contract, which declares a person's freedom to enter into a contract in a conditional form. As long as the parties agree and does not violate etiquette and law, the agreement will be valid. . The research method used is the normative legal approach, which is the analysis and understanding of law within the framework of this study as a set of positive rules or norms in a legal system that governs human life. This was done by studying books, laws, regulations and other documents relevant to this study. In addition, the collection of legal materials also includes legal material analysis methods and legal analysis methods that adjust should be, as long as this is the method of measuring and analyzing the issues in this study. The application of the principle of freedom of commercial contract requires the parties to maintain a balanced position when formulating agreements regulating commercial legal relationships. If a balance is not achieved, economic actors will limit and avoid liability by including release clauses. It is therefore necessary for the government to intervene to limit the application of the principle of freedom of contract through standard contracts by establishing rules prohibiting the inclusion of exemption clauses and monitoring the use of standard clauses in the economy by economic operators.]]>
